HomeMy WebLinkAbout948ORDINANCE NO. 9~8
AN ORDINANCE OF THE CITY OF SANFORD,
FLORIDA, AMENDING CHAPTER 18, THE CODE
OF THE CITY OF SANFORD, FLORIDA, 1954, AS
AMENDED, BY ADDING THERETO SECTION 18-27.1
EXPOSING MINORS TO HARMFUL MATERIALS.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. That Chapter 18, The Code of the City of Sanford,
Florida, 1954, as amended, be and the same is hereby amended by the
addition of Section 18-27.1 to read as follows:
"Sec. 18-27.1. Exposing Minors to Harmful Materials.
(a) Definitions. As used in this section:
(1) "Minor" means any person under the age of
eighteen years.
(2) "Nudity" means the showing of the human male or
female genitals, pubic area or buttocks with less than a full
opaque covering, or the showing of the female breast with
less than a fully opaque covering of any portion thereof below
the top of the nipple, or the depiction of covered male genitals
in a discernibly turgid state.
(3) "Sexual conduct" means acts of masturbation, homo-
sexuality, sexual intercourse, or physical contact with a
person's clothed or unclothed genitals, pubic area, buttocks
or, if such person be a female, breast.
(4) "Sexual excitement" means the condition of human
male or female genitals when in a state of sexual stimulation
or arousal.
(5) "Sado-masochistic abuse" means flagellation or
torture by or upon a person clad in undergarments, a mask
or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so
clothed.
(6) "Harmful to minors" means that quality of any
description or representation in whatever form, of nudity,
sexual conduct, sexual excitement, or sado-masochistic
abuse, when it:
(i) predominantly appeals to the prurient,
shameful or morbid interest of minors, and
(ii) is patently offensive to prevailing
standards in the adult community as a whole
with respect to what is suitable material for
minors, and
(iii) is utterly without redeeming social
importance for minors.
(7) "Knowingly" means having general knowledge of,
or reason to know, or a belief or ground for belief which
warrants further inspection or inquiry of both:
(i) the character and content of any material
described herein which is reasonably susceptible
of examination by the defendant, and
(ii) the age of the minor, provided, however,
that an honest mistake shall constitute an excuse
from liability hereunder if the defendant made a
reasonable bona fide attempt to ascertain the true
age of such minor.
(b) It shall be unlawful for any person knowingly to sell
or loan for mone ary consideration to a minor:
(1) Any picture, photograph, drawing, sculpture,
motion picture film, or similar visual representation
or image of a person or portion of the human body which
depicts nudity, sexual conduct or sado-masochistic abuse
and which is harmful to minors, or
(2) Any book, pamphlet, magazine, printed matter
however reproduced, or sound recording which contains
any matter enumerated in paragraph (1) of subdivision
(b) hereof, or explicit and detailed verbal descriptions
or narrative accounts of sexual excitement, sexual conduct,
or sado-masochistic abuse and which, taken as a whole, is
harmful to minors.
(c) It shall be unlawful for any person knowingly to exhibit
for amonetary consideration to a minor or knowingly to sell
t o a minor an admission ticket or pass or knowingly to admit
a minor for a monetary consideration to premises whereon
there is exhibited a motion picture show or other presentation
which, in whole or in part, depicts nudity, sexual conduct or
sado-masochistic abuse and which is harmful to minors.
(d) This section shall not be construed to make it unlawful
to sell or loan to a minor in the presence of one or more of
his parents the items enumerated in section (b) (l) or (b) (2)
above, nor to sell to a minor in the company of one or more
of his parents an admission ticket to premises whereon there
is exhibited the motion pictures or shows enumerated in
section (c) above.
-2-
(e) Any person convicted of violating any provision
of this section shall be punished as provided in
this Code."
SECTION 2. If any section, sub-section, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction, such portion
shall be deemed a separate, distinct and indepent provision and such
holding shall not affect the validity of the remain portion hereof.
SECTION 3. That this ordinance shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 2zvm day of June
A.D. 1968.
Attest:
As the City Commiss'.~' of
The City of Sanford, ~lorida.
CERTIFICATE
I, H. L. Whelchel, City Clerk of the City of
Sanford, Florida, do hereby certify that a true and correct
copy of the foregoing Ordinance No. 998, PASSED and ADOPTED
by the City Commission of the City o£ Sanford, Florida, on
the 2t~ day of June, 1968, was POS~ED at the front door of
the City Hall in the City of Sanford, Florida, on the 25~
day of June, 1968. . .~
· '~' City Clerk '
-3-